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American History I Unit 3

American History I Unit 3. The American Revolution and Constitution. Objective Analysis . Unit 3: The American Revolution and Constitution Time Frame: 1776 – 1790

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American History I Unit 3

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  1. American History IUnit 3 The American Revolution and Constitution

  2. Objective Analysis Unit 3: The American Revolution and Constitution Time Frame: 1776 – 1790 Objective: The learner will analyze the events and concepts that guided the American Colonies to Independence along with the successes and failures that led to the drafting of a new constitution

  3. Unit 3.1: The Learner will examine the early stages of the American Revolution. • The Battles of Lexington and Concord and the siege of Bunker Hill were embarrassments for the British. • These embarrassments were only further compounded by the Declaration of Independence. • The Commander of British forces in North America was General Howe (1) and he now returned to New York with a massive show of force. • He came with more than 300 ships and 30,000 men in August of 1776. • Most of the “early revolution” would be fought in New York, New Jersey, and Pennsylvania. • After a series of defeats forced George Washington’s Continental Army to retreat into Pennsylvania, Washington mounted a surprise attack on a group of German Hessians (mercenaries) at Trenton (2), New Jersey. (this was Washington’s famous “crossing of the Delaware”) • Washington then followed up his victory at Trenton by forcing the British out of Princeton (2), New Jersey. • Though the war was far from over these early victories helped cement Washington’s credibility and gave further hope that victory was possible.

  4. Unit 3.1: The Learner will examine the early stages of the American Revolution. • When the war resumed in the Spring of 1777, General Howe devised a plan to cut off the New England Colonies from the rest and destroy Washington’s Army. • He was to send one army commanded by British General Burgoyne from Canada to meet General Howe’s Army marching from New York at Albany. • Without communicating with Burgoyne, Howe changed his own plan and decided to attack the Rebel Capital in Philadelphia, Pennsylvania. • Howe succeeded in capturing the city and forced the Continental Congress to flee. He then settled into the “City of Brotherly Love” for the winter. • Burgoyne split his army in anticipation of meeting Howe at Albany and sent the other half to capture the Mohawk Valley around Lake Ontario. This would prove a tragic mistake. • At Saratoga, New York American General Horatio Gates’ 17,000 men surrounded Burgoyne’s 5000. After two attempts to “break out”, General Burgoyne surrendered on October 17, 1777. • The Battle of Saratoga (3) would become the “turning point” of the American Revolution because it resulted in a French Declaration of War against the British.

  5. Unit 3.1: The Learner will examine the early stages of the American Revolution. • With the victory at Saratoga comes an urgent need to capitalize on that success and turn it into a larger achievement of independence. • Washington’s Army would spend the winter of 1777-78 at Valley Forge (4) in Pennsylvania. Many historians view this time as the “low point” of the Revolution. • Poorly fed, poorly housed, and poorly clothed Washington’s men would have to suffer through the bitter cold. • It is here where Washington’s leadership prevails, his stern discipline coupled with impassioned calls for more supplies and money from the Continental Congress nursed his Army through this time of trial. • Paying for the war was an incredible challenge for the Continental Congress • Most American currency was backed up by “hard money (5)” (gold and silver), which was quite scarce. • Some colonies responded by printing “soft money (6)” (paper money backed up by very little of actual value), which caused rampant inflation (soaring prices) • In response, many American merchants actually resumed trading with the British (because they had gold and silver) while the Continental Army went hungry because they had no money to buy food. • As a result many of the Colonies (later states) would fall deep into debt taking loans from Colonial citizens and foreign governments. • Thomas Paine (7) would write The American Crisis inspiring support for the Continental Army. • Paine called out the “Summer Soldier and Sunshine Patriots” to rally around the Continental Army for those who were steadfast during this time of crisis would be eternal heroes. • Europeans, inspired by the American cause for liberty, would join the fight. • Prussian General Von Steuben (8) drilled Washington’s Army at Valley forge until they emerged as a well-trained European fighting force in the Spring of 1778. • The Marquis de Lafayette (8) would become Washington’s “right hand man” for the remainder of the war and would play a key role at the Battle of Yorktown.

  6. Unit 3.2: The learner will analyze the events that led to American Independence. • After the Battle of Saratoga the Revolution became a stalemate in the North with the British “bottled up” in New York”. During this stalemate the war shifted to the West and South. • The War in the West: • Under the leadership of George Rogers Clark (9) (soon to be more important as part of Lewis and Clark) the Americans won numerous important battles in the Ohio River Valley. • In 1779 Clark sealed control of the Ohio River Valley when he aligned with French settlers to capture the British Fort at Vincennes in present-day Southern Illinois. • With the British bottled up in New York and the Colonials in control of the Ohio River Valley, the War would naturally refocus itself on the Southern Colonies, where the British believed they held significant Loyalist support (a virtual Civil War had been raging in the South through the entire war between Loyalists and Patriots).

  7. Unit 3.2: The learner will analyze the events that led to American Independence. • The War in the South: • First of all, the British had heavily overestimated the Loyalist presence in Virginia. Most Loyalists lived in the Carolinas and Georgia and by 1781 they were reluctant to assist the British (by now they feared the Colonials may win and the repercussions that may follow the war). • When the British arrived in the Southern Colonies they were met by bands of Southern Partisans (guerilla fighters who had learned their tactics from years of fighting Native Americans). • The most famous of these Partisan leaders was,Francis Marion (10) the “Swamp Fox” • The British mounted a Southern Offensive in 1781 led by General Charles Cornwallis. (11) • After defeats at the Battles of Kings Mountain and Cowpens (led by General Daniel Morgan and his famous Riflemen, which many consider the origin of American Special Forces), Cornwallis suffered a disastrous “victory” at the Battle of Guilford Court House. • The Americans at Guilford Courthouse were led by newly appointed General Nathanael Greene and the Marquis de Lafayette who had been sent South by Washington to assist General Greene. • The victory at Guilford Court House forced Cornwallis to move his weakened army to Yorktown, Virginia where he hoped to be reinforced by the British Navy.

  8. Unit 3.2: The learner will analyze the events that led to American Independence. • The Battle of Yorktown (12): • Harassed by Lafayette and Greene, Cornwallis moved his Red Coats to the Yorktown Peninsula, where he believed he would be reinforced by the British Navy. • Washington, sensing an opportunity, sent a message to French Admiral DeGrasse to blockade the Chesapeake Bay and prevent the British Navy from coming to the aid of Cornwallis. • Washington ordered Lafayette to position himself as an obstacle between Cornwallis and an escape by land until he and French General Rochambeau could arrive with a huge French and American Army. • Cornwallis, outnumbered 17,000 to 7000 and facing bombardment by land and sea, finally surrendered on October 19, 1781. • Cornwallis, embarrassed by his defeat, refused to surrender to Washington (instead turning his sword over to Lafayette) and had his band play “The World Turned Upside Down” as they marched out in defeat.

  9. Unit 3.2: The learner will analyze the events that led to American Independence. • The Treaty of Paris of 1783 (13): • Crushing British hopes that the Americans would still want to stay part of the British Empire, Diplomats Ben Franklin and John Adams insisted throughout the Treaty process on American Independence. • The treaty was signed on September 3, 1783 formally recognizing American Independence. • The Treaty of Paris also: • Declared the Mississippi River (14) the western boundary of the United States. • The British promised to leave their forts in the Ohio River Valley, which protected important trade posts. • The United States agreed to pay the British for debts owed by American citizens (mainly merchants who had not paid their taxes to the British). • American Loyalists were allowed to make damage claims for lost property during the Revolution.

  10. Unit 3.3: The learner will investigate the role played by various minority and foreign groups during the Revolution and the extent to which the Revolution changed their condition. • The role of Women in the American Revolution: • Prior to the Declaration of Independence, women had been an important voice of protest against British tyranny. For example, they had organized various boycotts of British products such as tea. • Women would serve during the war as couriers, scouts, and spies (some like Deborah Sampson (15) and Mary Hays (15) served on the battlefields of the Revolution). • Other women helped to raise money for the Continental Army and opened their homes (as did)Catherine Greene (15)as hospitals for wounded soldiers. • Many others followed the Continental Army helping with laundry and serving as nurses. • Women also contributed to maintaining the Colonial economy during the war by keeping farms, shops, inns, etc. open while the war raged around them. • Did the Revolution change anything for women in American society? • One of the earliest voices for women’s rights in America was Abigail Adams (16) who implored her husband John Adams “to remember the ladies” and “not to put such unlimited power in the hands of the husbands” as their ancestors had. • Despite the efforts of Abigail Adams, women gained very little in the way of new rights following the American Revolution. • Political power still resided with the white male aristocracy. • One new change was the idea of Republican Motherhood.(17) Many came to the realization that mothers had the first opportunity to educate children. American mothers were now expected to emphasize patriotism and to educate their sons and daughters to use reason and be competent, patriotic adults.

  11. Unit 3.3: The learner will investigate the role played by various minority and foreign groups during the Revolution and the extent to which the Revolution changed their condition. • The Role of African Americans during the American Revolution: • African Americans, free and slave, fought on both sides of the American Revolution. • Virginia Governor Dunmore offered African Slaves their freedom if they joined the British Army (many did, many others enlisted in the British Navy). • Some Northern Patriot Militias offered freedom in exchange for service to African Slaves. • Eventually the Continental Army accepted the enlistment of free blacks (however nobody really checked to see if they were free or runaways). • Connecticut and Rhode Island both had all-black regiments. • James Middleton (18) was the only African American commissioned officer in the Continental Army (he commanded a Massachusetts all-black regiment). • Although paid the same, clothed the same, and fed the same as white soldiers; African Regiments were generally kept on menial tasks and discouraged from re-enlisting. There was certainly no real effort to use these troops in combat. • The impact of the Revolution on African Americans in the United States: • Although the nature of the American Revolution raised questions about the morality of slavery, the new government of the United States of America did very little about it. • Thomas Jefferson (who owned slaves) had written an anti-slavery clause into the original version of the Declaration of Independence, but was forced to remove it after complaints from Southern delegates. • Ben Franklin and Dr. Benjamin Rush (19) had already started an Anti-Slavery Society in Philadelphia in 1775, by 1783 Pennsylvania and most of the New England States had abolished slavery, and some Southern States were making it easier to grant freedom to slaves and placing restrictions on the international slave trade. • Slavery would plague the United States through 1865 when it was finally abolished following the Civil War by the 13th Amendment.

  12. Unit 3.3: The learner will investigate the role played by various minority and foreign groups during the Revolution and the extent to which the Revolution changed their condition. • The role of Native Americans during the American Revolution: • The general hope amongst Native American groups was that a British victory would lead to a more permanent recognition of the Proclamation of 1763 and slow down American expansion into western lands. • The Iroquois League (20) had long been British allies, but were weakened by their participation in the French and Indian War. Only four of the six Iroquois tribes would assist the British. • The Oneida and Tuscarora Tribes sided with the American Colonists. • In the Carolinas, Cherokee fought with Loyalists but were beaten and driven west by Patriot militias. • The impact of the war on Native Americans in American society: • The fact that the Native Americans generally sided with the British and Loyalists caused post-war relations between the United States and Native American tribes to worsen after the Revolution. • Also, new land claims would only further inspire Americans to move west which would create new confrontations and problems. • Matters worsened for Native Americans when Thomas Jefferson authorized the Louisiana Purchase in 1803 and Andrew Jackson initiated the policy of Forced Removal in 1828. • Native Americans were eventually granted citizenship in 1924 as part of the Snyder Act (21).

  13. Unit 3.3: The learner will investigate the role played by various minority and foreign groups during the Revolution and the extent to which the Revolution changed their condition. • The role of Foreign Allies during the American Revolution: • All of Britain’s traditional enemies (the French, Spanish, and Dutch) sent aid to the Colonies during the Revolution. • Ben Franklin (22) was sent to France to secure aid, after Saratoga he signed two agreements with the French(one that recognized the United States as an independent nation and the Frano-America Alliance which promised a French Declaration of War against Britain). • France was America’s closest Ally sending their Caribbean Fleet commanded by Admiral DeGrasse and a land Army commanded by General Rochambeau. We have also mentioned the contributions of the Marquis de Lafayette. • The Spanish did join the war (as allies of the French) led by the Baron de Galvez (Governor of Louisiana). Galvez attacked British Forts along the Mississippi River and in Western Florida. • Views regarding immigration in the New Republic: • Despite the fact that the United States was essentially a nation of immigrants and the amount of foreign assistance the United States received during the Revolution, attitudes toward immigration would remain somewhat cold. • Most Americans generally accepted immigrants from Northern and Western Europe (France, Switzerland, England, Holland, etc.) but were resistant to any increase in immigration from Southern and Eastern Europe (The Baltic Nations, Italians, Jews, and Catholics. • During the 1850s some Americans began an anti-immigration movement known as the Nativist Movement (23)aimed particularly at Irish immigrants. • Later Nativist groups would focus on Asian and other Eastern European groups during the 1890s and early 1900s.

  14. Unit 3.4: The learner will assess the successes and failures of the Articles of Confederation and how they led to the drafting of a new Constitution. • The New Republic: • New State Governments: • Each State Government had three branches: legislative, executive, and judiciary. • The elected legislature tended to have more power than the Governors in these new State Governments. • The Anti-English Model: • You have to remember we just got finished rebelling against and winning our independence from England. Why would we adopt their model of government? • They absolutely did not want a King, they wanted arepublic (24) that would rule by the consent of the governed. • This model of government was in practice nowhere else in the world at that time. • The most pressing problems faced by the new republic: • Economically, the war left the new United States with massive debts owed to foreign government and private American citizens. • Each of the States elected to deal with the debt issues differently, which was causing inflation, over-taxation, and rising unemployment. • Fearing tyranny, the new government would be intentionally set up with a weak central government making national problems difficult to deal with. • Compounding all of these problems, the 13 Colonies (now States) wanted to retain their individual sovereignty (independence).

  15. Unit 3.4: The learner will assess the successes and failures of the Articles of Confederation and how they led to the drafting of a new Constitution. • While one delegation was drafting the Declaration of Independence in 1776, another led by John Dickinson was creating a new plan for government called the Articles of Confederation (25). • By its name a Confederation (26)means that this union would be a loose association of sovereign (or independent) States with certain common goals. • The document was adopted in 1777, but it took some to time ratify (each state to officially adopt) because of disputes between the states over western territories. • Powers of the new government: • The States retained most of their power • The weak central government had only one house (unicameral), which was a legislative body (no executive or judicial branch). • Each State had only one vote in Congress no matter what their population was. • Congress could: (1) conduct foreign relations, including relations with Native American tribes (2) borrow and coin money (3) set up Post Offices and (4) set up an Army and declare war. • Congress could not: (1) impose or collect taxes (2) regulate trade (3) easily pass legislation or amend the Articles of Confederation (4) enforce the laws it did pass without the cooperation of the states or (5) interpret its laws through a national judicial system.

  16. Unit 3.4: The learner will assess the successes and failures of the Articles of Confederation and how they led to the drafting of a new Constitution. • Failures of the Articles of Confederation: • Most of the real failures of the Articles stemmed from money issues: • With no power to tax (27), Congress had to ask the States for money and only received one sixth of what it asked for. • They could not raise a standing (peacetime) army • Could not pay back debts to foreign countries • Could not pay some of the soldiers that fought in the Revolution • New England merchants lost the protections afforded to them by being part of the British Empire. • The Southern States (formerly the recipients of large amounts of British aid) found their economies in recession after the war. They also experienced a decrease in manpower when African Americans left for other parts of the British Empire after the war. • Although the national government could not tax, the states could and did. Many of the states focused their taxation on poor farmers (28)and when they could not pay they were put in jail or lost their farms. • Soon the national economy was in a state of inflation with rising unemployment and debt imprisonment. • Other problems stemmed from the 13 States conducting their business as if they were independent nations which allowed foreign powers like the British to weaken national unity. • In order to get better deals from foreign nations, some states would undercut the tariffs (29) or duties imposed by other states. • They would negotiate their own trade agreements, coin their own money, and oftentimes did not recognize the court system and rulings of other states. • All of these problems deteriorated national unity and weakened the new republic.

  17. Unit 3.4: The learner will assess the successes and failures of the Articles of Confederation and how they led to the drafting of a new Constitution. • The lone success of the Articles of Confederation was establishing a process for adding new states to the union and dealing with issues related to western lands. • After the Revolution the United States gained the Ohio River Valley and all land west of the Appalachian Mountains to the Mississippi River. • To deal with these problems Congress created two Land Ordinances. • The Land Ordinance of 1785 divided western lands into a neat grid of townships in what would become Wisconsin, Michigan, Illinois, Indiana, and Ohio. In each township a parcel of land would be sold to support public education. • The Land Ordinance of 1787 (The Northwest Ordinance (30)) encouraged orderly settlement and the creation of new states. It also guaranteed freedom of religion, basic civil rights, and banned slavery (31)from the Northwest Territory. • Once a territory had 5000 residents it could send a non-voting member to Congress. • Once a territory had 60,000 residents it could draft a state constitution and become a state.

  18. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • What prompted the States to meet and decide to draft a new Constitution. • Shays’s Rebellion (32): • The government of Massachusetts decided to pay off its debts by raising taxes on farmers and required those taxes be paid in hard currency (gold or silver). • The economy of Western Massachusetts was based on paper money (very few farmers had gold or silver) and a barter system (trading goods and services for goods and services). • When the farmers could not pay they either lost their farms or were thrown in debtor’s prison. As the farmers became more and more discontent the government in Boston banned town meetings and suspended any rights to assembly. • Led by Daniel Shays ( a veteran of Bunker Hill and other Revolutionary battles) the farmers marched on Springfield to close the court house (if the court was closed it could not foreclose on farms). • They then launched a raid on the military arsenal to secure weapons and ammunition but were repelled by the Massachusetts State Militia. • Combined with other “tax payers revolts”, Shays’s Rebellion alarmed national leaders that they may be on the cusp of a Counterrevolution. • The Alexandria Conference (33) (1785) • Delegates from Virginia and Maryland met to discuss ways to improve navigation and commerce on the Potomac River. They decided to invite delegates from the other states to a meeting in Annapolis, Maryland to discuss commerce on a national level. • The Annapolis Conference (33) (1786) • Eight states sent delegates to this conference, but only five arrived on time. • Despite poor attendance, it was obvious that there was strong sentiment across the nation that the Articles of Confederation had to be revised. • James Madison and Alexander Hamilton took it upon themselves to invite delegates to a national convention in Philadelphia.

  19. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • The historic Constitutional Convention (34) began in late May 1787 with representation of 12 States (Rhode Island (35) refused to participate). • Key members included James Madison, John Dickinson, Alexander Hamilton, Robert Morris, Charles Cotesworth Pinckney, and Edmund Randolph. • George Washington and Ben Franklin led the group. • Notable absences included Sam Adams and Patrick Henry who opposed the creation of a strong national government; also Thomas Jefferson and John Adams who supported the Convention, but were out of the country on diplomatic business. • Almost from the very beginning the Convention was plagued by differences between the large and small states.

  20. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • The Virginia Plan (36) • Devised by James Madison and presented by Edmund Randolph it was viewed as a “large state” plan. • The Virginia Plan presented some controversial pieces to a new type of government: • Three branches of Government: Executive, Legislative, and Judiciary • The legislature would choose an executive that would carry out the law and a Court to interpret the law. • Bicameral (two house) legislature: The people would choose the lower house, members of the lower house would then choose the members of the upper house, representation in both houses would be based on population. • The national government would have supremacy over the state governments. • The New Jersey Plan (37) • Proposed by William Paterson as a “small state” alternative to the Virginia Plan. • Kept many aspects of the Articles of Confederation while giving Congress greater powers. • Unicameral (one house) legislature • Each State would have equal representation without regard to population. • A Plural Executive (a council appointed by Congress) • A Supreme Court to interpret laws.

  21. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • Compromises settle issues between the two plans. • The Great Compromise (Connecticut Compromise) (38) • Presented by the Connecticut Delegation led by Roger Sherman. • The Upper House (Senate) of Congress would represent the States and have two representatives per state appointed by the State Legislatures. • The Lower House (House of Representatives) would represent the people with representation based on population (larger states would have more representatives) and they would be elected by the people. • Direct taxes could be assessed on the States based on population • The Three-Fifths Compromise (39) • Based on concerns about representation in the House of Representatives (lower house), in which representation was based on the population of your state. • The Southern States wanted to include in their population slaves, who were not going to vote or be represented by their elected officials. • The Northern States wanted to exclude the slaves from the population of the Southern States. • The Compromise that resulted was that three out of every five slaves would be counted toward Congressional representation. • Resulted in passage of the first Fugitive Slave Law (40) • The Slave Trade Compromise (41) • Many of the representatives at the Constitutional Convention were opposed to slavery. • Believing it to be in the best interest of the nation, they decided to neglect any ban on slavery in the Constitution. • Instead they did create a compromise that pledged to end the international slave trade in 1808. • They also established that the Federal Government had authority over foreign and interstate trade. • The Federal Government had the power to collect tariffs, but there could be no duties on exports

  22. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • One of the biggest issues facing the final draft of the Constitution was balancing power: (1) between the Congress and President (2) between the Federal Government and State Governments and (3) between the People and their Government. • The framers, unable to support the popular election of a President, created the Electoral College (42) to produce the indirect election of the President by the people. • To further balance power between the government and the people a Bill of Rights was debated and eventually included as the first ten amendments to the Constitution. • To balance power between the branches of government, the framers created a system of checks and balances. • To balance power between the Federal and State Governments the framers created delegated powers that were given to the Federal Government and reserved powers that were set aside for the States.

  23. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • Checks and Balances (43) • The Executive Branch • Over Congress • Can veto Congressional Bills • Can adjourn Congress at certain times • Can make Treaties • Over the Judiciary • Can appoint Supreme Court Justices • The Legislative Branch • Over the President • Approves or rejects Presidential appointments • Ratifies or rejects Treaties proposed by the President • Controls funding for Presidential initiatives • Override Presidential vetoes by 2/3 vote in both houses • Can impeach the President • Over the Judiciary • Can use Constitutional amendments to overrule Judicial decisions • Approves and can impeach Supreme Court Justices • The Judiciary (Judicial Branch) • Over Congress • May rule Acts of Congress unconstitutional (Judicial Review (44)) • Over the President • May rule Presidential Executive Orders and other actions unconstitutional (Judicial Review) • Over both • Serve for life

  24. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • Once drafted the Constitution then had to be ratified (approved) by the States. • The ratification process quickly turned into a debate between those who supported a more powerful central government and those who feared the tyranny that may come from a stronger central government. • Federalists (45) supported a stronger central government. • Antifederalists (46) opposed the increase of the powers of the central government. • The main point of contention would become the inclusion or exclusion of a Bill of Rights to protect the civil liberties of the people.

  25. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • The Federalists • Led by James Madison, John Dickinson, and Alexander Hamilton (47) • They were supporters of the Constitution • They believed that, though imperfect, a stronger national government could serve as a protection against the chaos and “mob rule” seen during Shays’s Rebellion. • They believed that appropriate measures had been taken to limit the power of the stronger national government and that fears about tyranny were unwarranted. • Their biggest problem was that their views were generally supported in the cities but the majority of the population lived in rural areas. • Many of these folks viewed the Federalists as an educated, wealthy elite out to serve their own, primarily commercial, interests.

  26. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • The Antifederalists • Their main view was that they distrusted any powerful central government and believed that any such government would threaten States’ Rights. • Leaders included Sam Adams, Patrick Henry, Richard Henry Lee, George Mason, and Robert Yates (48). • Their biggest challenge was that they had to agree that the Articles of Confederation were not working, yet they didn’t have an effective alternative to the Constitution. • They would eventually agree to the ratification of the Constitution as long as the document featured a written guarantee of personal freedoms (the Bill of Rights).

  27. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • In order to sell the Constitution various framers including Alexander Hamilton, James Madison, and John Jay wrote a series of articles to make a case for the document. • This series of essays became known as “The Federalist Papers (49)” • Writing under the pen name “Publius” these men explained to New York delegates the merits of the new Constitution. They also, though indirectly, explained republican government and politics. • The explained the dangers of political parties, the separation of powers, the need for an independent judiciary, etc.

  28. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • Debate over the Bill of Rights (50) • The Federalist argued that the Bill of Rights was simply not necessary. • The government is elected by the people, surely they would never act maliciously against those who have elected them. • Most of the State Constitutions already featured a Bill of Rights, rendering a Federal version unnecessary. • Some Federalists saw a Bill of Rights not as a protection of freedoms but as a limit on them. • The Antifederalists believed that the only protection against the tyranny of a stronger Federal Government was to put into writing the protection of individual freedoms. • Several States refused to ratify the new Constitution without a Bill of Rights. • The Bill of Rights: • 1st Amendment (51): Freedom of Speech, Religion, Assembly, Petition, and Press • 2nd Amendment (52): Gun Rights • 3rd Amendment (53): Can’t quarter troops in private homes • 4th through 8th Amendments (54): Rights of the Accused • 9th Amendment (55): Bill of Rights cannot be used to deny freedoms to the people. • 10th Amendment (56): Rights not delegated to the Federal Government or specifically denied to the States are States’ Rights.

  29. Unit 3.5: The learner will evaluate the process of drafting the new Constitution and the extent to which they solved the nation’s problems. • Protection of States’ Rights (57) • Most of the first ten amendments listed things that no government, state or federal, could do. • The Tenth Amendment is designed to protect States’ Rights. • The Tenth Amendment defines two types of powers. • Delegated Powers (58): powers given specifically to one branch of the federal government or another. • Some of these powers are expressly stated (expressed powers) and some are implied (implied powers – “Necessary and Proper Clause”/”Elastic Clause” (59)) • Reserved Powers (60): powers that are not specifically given to the Federal Government or specifically denied to the States. • The Tenth Amendment declares that reserved powers belong to the States or to the people.

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